Respondents were indicted and convicted for using, and conspiring to use, the mails to defraud. 215 Criminal Code, 18 U.S.C. 338, 18 U.S.C. A. 338; 37 Criminal Code, 18 U.S.C. 88, 18 U.S.C.A. 88. The indictment was in twelve counts. It charged a scheme to defraud by organizing and promoting the I Am movement through the use of the mails. The charge was that certain designated corporations were formed, literature distributed and sold, funds solicited, and memberships in the I Am movement sought 'by means of false and fraudulent representations, pretenses and promises'. The false representations charged were eighteen in number. It is sufficient at this point to say that they covered respondents' alleged religious doctrines or beliefs. They were all set forth in the first count. The following are representative:

'that Guy W. Ballard, now deceased, alias Saint Germain, Jesus, George Washington, and Godfre Ray King, had been selected and thereby designated by the alleged 'ascertained masters,' Saint Germain, as a divine messenger; and that the words of 'ascended masters' and the words of the alleged divine entity, Saint Germain, would be transmitted to mankind through the medium of the said Guy W. Ballard;

'that Guy W. Ballard, during his lifetime, and Edna W. Ballard, and Donald Ballard, by reason of their alleged high spiritual attainments and righteous conduct, had been selected as divine messengers through which the words of the alleged 'ascended masters,' including the alleged Saint Germain, would be communicated to mankind under the teachings commonly known as the 'I Am' movement;

'that Guy W. Ballard, during his lifetime, and Edna W. Ballard and Donald Ballard had, by reason of supernatural attainments, the power to heal persons of ailments and diseases and to make well persons afflicted with any diseases, injuries, or ailments, and did falsely represent to persons intended to be defrauded that the three designated persons had the ability and power to cure persons of those diseases normally classified as curable and also of diseases which are ordinarily classified by the medical profession as being incurable diseases; and did further represent that the three designated persons had in fact cured either by the activity of one, either, or all of said persons, hundreds of persons afflicted with diseases and ailments;'

Each of the representations enumerated in the indictment was followed by the charge that respondents 'well knew' it was false.

It's a case about how you really don't want the government delving into the question of whether religious beliefs are false.

The miracles of the New Testament, the Divinity of Christ, life after death, the power of prayer are deep in the religious convictions of many. If one could be sent to jail because a jury in a hostile environment found those teachings false, little indeed would be left of religious freedom.

The conviction is upheld, however, because the trial judge excluded this evidence and asked the jury to decide only whether the defendants believed these things. But how do you think about whether they believe something without thinking about whether it's believable? Justice Jackson dissented, in an opinion that's one of my favorites, containing a delightful snark about judges:

I do not know what degree of skepticism or disbelief in a religious representation amounts to actionable fraud. [William] James points out that 'Faith means belief in something concerning which doubt is theoretically possible.' Belief in what one may demonstrate to the senses is not faith. All schools of religious thought make enormous assumptions, generally on the basis of revelations authenticated by some sign or miracle. The appeal in such matters is to a very different plane of credility than is invoked by representations of secular fact in commerce. Some who profess belief in the Bible read literally what others read as allegory or metaphor, as they read Aesop's fables. Religious symbolism is even used by some with the same mental reservations one has in teaching of Santa Claus or Uncle Sam or Easter bunnies or dispassionate judges. It is hard in matters so mystical to say how literally one is bound to believe the doctrine he teaches and even more difficult to say how far it is reliance upon a teacher's literal belief which induces followers to give him money.

UPDATE: I've changed the link for the "I'm So Free" lyrics and changed "horns that bent" to "horns and fins." One of the commenters said he thought it was "horns and fins," and that was what I'd always heard too. There are lots of lyrics sites, but how do they know the lyrics? They aren't really authoritative. I'm changing the spelling of "Germaine" to "Germain" too, even though both lyrics sites have the "e." A Google search convinces me that "Germain" is correct. But who is Saint Germain? I assume the references are to the Count of St. Germain: "a courtier, adventurer, inventor, amateur scientist, violinist, amateur composer, and generally mysterious gentleman."

I should talk; Franz Ferdinand (several riffs from several songs all jumbled together) is in me noggin with Fred and Ginger doing "Let's call the whole thing off" from "Shall We Dance!" At the same time! Between the jangly guitars and the hoofing, it's no wonder I'm going nuts...

Sean - did you ever notice Dora never says please or thank you? Based on much she shouts, she's probably hard of hearing as well as rude. She's still better than "Franklin, the whiniest turtle in the world."

Get the Pee Wee Herman show and teach your 4-year-old the Pee Wee Herman dance.

I've tried to get my son to listen to my renditions of Moon River and That's Amore but all he wants is Coming Round the Mountain (thank you Nancy Cassidy). And if the Wiggles are on the car tape player, he doesn't want me singing along at all. "I can't hear!" he shouts.

So, for now, my daughter gets the songbook songs. Until she can talk, I suppose.

That's a song that's popped into my head almost every day for over three decades (probably because I did use to hang out in Times Square). But I always thought that Uncle Lou was saying that he had "horns and fins" - an unlikely mix of species, I know, but one that rhymes better with "the shape I was in." What does Ballard think?

Ann et al. Here's a good sight for clearing up lyrics. DOn't know if Lou Reed is on here, but it's worth a look-see. www.kissthisguy.com Excuse me while I kiss the sky! Many thought Jimi was expressing a homonormativelip exercise. They also clear up the old Manfred Mann "douche" controversy.

As for Ann's post, my family is Catholic and never put much stock in faith healers. BUT...my second cousin had lupus, went to a healer, and was cured. She waited till she was well for a few years to tell anyone, just in case it was a fluke.

In a post called 'what song is playing in your head' following a post called 'always look on the bright side of life' how could it be possible that nobody mentioned the song from "Life of Brian"

Always Look on the Bright Side of Life

Some things in life are bad,They can really make you mad,Other things just make you swear and curse,When you're chewing life's gristle,Don't grumble,Give a whistleAnd this'll help things turn out for the best.And...

Always look on the bright side of life.[whistle]Always look on the light side of life.[whistle]

If life seems jolly rotten,There's something you've forgotten,And that's to laugh and smile and dance and sing.When you're feeling in the dumps,Don't be silly chumps.Just purse your lips and whistle.That's the thing.And...

Always look on the bright side of life.[whistle]Always look on the right side of life,[whistle]

For life is quite absurdAnd death's the final word.You must always face the curtain with a bow.Forget about your sin.Give the audience a grin.Enjoy it. It's your last chance, anyhow.So,...

Always look on the bright side of death,[whistle]Just before you draw your terminal breath.[whistle]

Life's a piece of shit,When you look at it.Life's a laugh and death's a joke it's true.You'll see it's all a show.Keep 'em laughing as you go.Just remember that the last laugh is on you.And...

Always look on the bright side of life.Always look on the right side of life.[whistle]

Always look on the bright side of life![whistle]Always look on the bright side of life![whistle]Always look on the bright side of life![whistle]Always look on the bright side of life![whistle]Always look on the bright side of life![whistle]Always look on the bright side of life![whistle]Always look on the bright side of life![whistle]Always look on the bright side of life![whistle]

(honestly, as soon as I saw the title for the post about the chinese prisoner I heard whistling in my head.)